Judge tosses indictment against actor Timothy Busfield
A New Mexico judge has dismissed an indictment against actor and director Timothy Busfield on four counts of sexual contact of a minor.
Timothy Busfield, the actor known for his role in "The Cleaning Lady," had his indictment for child sex abuse charges dismissed on Friday by New Mexico Judge Joseph Montano. The dismissal came after the judge found that the prosecuting attorney had not acted in a fair and impartial manner during the grand jury proceedings.
The charges against Busfield stemmed from allegations made in October 2022 and September 2023, involving two child actors on the set of "The Cleaning Lady." Busfield, who pleaded not guilty to the four felony counts of criminal sexual contact with a minor, has consistently denied any wrongdoing. He was arrested on January 13 after police received a warrant for his arrest.
During the hearing, Judge Montano ruled that the Bernalillo County District Attorney, Sam Bregman, had failed to adhere to the proper procedures in instructing the grand jury on witness calling and handling requested witnesses. This lack of proper guidance led to the grand jury proceedings being conducted in a manner that violated statutory protections, resulting in the dismissal of the indictment.
The district attorney's office now has the opportunity to pursue new criminal proceedings against Busfield if they choose to do so. Judge Montano emphasized that the prosecutor's actions in withholding requested witnesses without proper explanation violated the grand jury laws. He noted that delays could occur if the prosecutor contests the evidence presented by the grand jurors after being alerted to it.
Ultimately, Judge Montano believed that the integrity of the grand jury system and the need to provide jurors with access to more evidence outweighed the potential delays in proceeding.
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